This is my case....
S.B _Kolkata
(Querist) 13 March 2011
This query is : Resolved
We married in May, 09, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29th august, 09 and staying with her parents.
She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006.
Her father is well connected with the lawyers as well as political personals.
We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them.
Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same.
Earlier she was admitted an asylum (mental hospital) as she stated before marriage, I am trying hard to find out the institute.
After releasing from jail she has changed her name.
Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me.
Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.
Measures I have taken:
1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.
2. Already I sent her 03 nos letters with AD asking her to come back and join with us.
3. I have kept all the soft copy as well as print copy of her fabricated sms.
4. Some telecon had been recorded.
5. Written a letter to Local police stating all her behavior but yet to be send.
6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.
7. Already discussed the matter with some good friend to be aware them for the upcoming case.
Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me.
Thanks
S.B......
Jitendar Kumar gupta
(Expert) 13 March 2011
As per your facts it is clear hat your wife is away for the last several year as she was undergoing sentence. under the circumstances she can not not implicate your family in 498-A IPC case.
It is better you have to file a case for divorce as well as child cusody cases in the court.
Guest
(Expert) 14 March 2011
Filing of a case for divorce can be best suited in your case.
Adinath@Avinash Patil
(Expert) 14 March 2011
GET DIVORCE BY FILING DIVORCE PETITION.CONSULT LOCAL ADVOCATE FOR IMMIDGIATE RELIEF.
S.B _Kolkata
(Querist) 15 March 2011
Dear All advisor,
This is to be notify you all that all the criminal cases happened and convicted before we got married. She was realesed from jail on 2006 and we made relation in 2008. Now what should I do??
M V Gupta
(Expert) 15 March 2011
The facts stated by you clearly show that ur wife had deserted you and is not willing to stay with you inspite of written requests made by you. in the circumstances a complaint under the DV act may not be sustainable. However to protect ur self and ur parents file a petition for divorce as suggested by the experts, and an application for anticipatory bail for all of you.
